Pub. L. 89-10, tit. VIII, pt. B, sec. 8204 (as amended)
CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.
SEC. 8204. [20 U.S.C. 7824] CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.
(a) General Authority.—
(1) Transfer.—The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of title VI, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, the amounts allotted to the Department of the Interior under those programs.
(2) Agreement.—
(A) In general.—The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of the programs specified in paragraph (1), for the distribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs.
(B) Contents.—The agreement shall—
(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the
achievement measures to assess program effectiveness, including program
objectives; and
(ii) be developed in consultation with Indian tribes.
(b) Administration.—The Department of the Interior may use not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section.
(c) Accountability System.—
(1) For the purposes of part A of title I, the Secretary of Interior, in consultation with the
Secretary, if the Secretary of the Interior requests the consultation,
using a negotiated rulemaking process to develop regulations for
implementation no later than the 2017-2018 academic year, shall define the
standards, assessments, and accountability system consistent with section
1111, for the schools funded by the Bureau of Indian Education on a
national, regional, or tribal basis, as appropriate, taking into account
the unique circumstances and needs of such schools and the students served
by such schools.
(2) The tribal governing body or school board of a school funded by the Bureau of Indian Affairs may
waive, in part or in whole, the requirements established pursuant to
paragraph (1) where such requirements are determined by such body or
school board to be inappropriate. If such requirements are waived, the
tribal governing body or school board shall, within 60 days, submit to the
Secretary of Interior a proposal for alternative standards, assessments,
and an accountability system, if applicable, consistent with section 1111,
that takes into account the unique circumstances and needs of such school
or schools and the students served. The Secretary of the Interior and the
Secretary shall approve such standards, assessments, and accountability
system unless the Secretary determines that the standards, assessments,
and accountability system do not meet the requirements of section 1111,
taking into account the unique circumstances and needs of such school or
schools and the students served.
(3) Technical assistance.—The Secretary of Interior and the Secretary shall, either directly or through a contract, provide
technical assistance, upon request, to a tribal governing body or school
board of a school funded by the Bureau of Indian Affairs that seeks a
waiver under paragraph (2).
- Cross-references to the US Code
- 20 U.S.C. 7824